IPATENT‘COO'PER'ATION TREATY
`
`
`
`
`
`
`
`NOTIFICATION OF TRANSMITTAL OF
`THE INTERNATIONAL SEARCH REPORT AND
`THE WRITTEN OPINION OF THE INTERNATIONAL
`SEARCHING AUTHORITY, OR THE DECLARATION
`
`. - . .From the INTERNATIONAL SEARCHING AUTHORITY PCT.
`
`
`
`'To:
`
`
`
`LLP
`LOWRIE, LANDO & ANASTASI,
`
`Attn. Anastasi, John N.
`
`One Main Street Suite 1100
`
`Cambridge, MA 02142
`
`ETATS—UNIS D'AMERIQUE
`
`
` (PCT Rule 44.1)
`
` Date of-mailing
`
`(day/monfh/year)
`'11 / 0 3, / 2 O O 8
`
` Applicant’s or agents file reference
`
`_
`.
`-
`W053 7_ 7 010WO
`_
`-
`.
`'
`FOR‘FURTHER ACTION
`See paragraphs 1 and 4 below
`
`International filing date
`International. application No.
`
`
`
`
`(day/month/year)
`0 8 / o 6 / 2 O O 7
`
`'PCT/USZOO7/O70701
`
`WEISS, Kenneth P.
`
`
`
`
`Applicant
`
`The applicant'Is hereby notified that the international search report and the written opinion of the InternationalSearching
`Authority have been established and are transmitted herewith.
`
`Filing of amendments and statement under Article 19:
`The applicant is entitled, if he so wishes, to amend the claims of the International Application (see Rule 46):
`When? The time limit for filing such amendments is normally two months from the date of transmittal of the
`International Search Report.
`
`Where? Directly to the International Bureau of WIPO, 34 chemin des Colombettes
`1211 Geneva 20, Switzerland, Fascimile No.: (41—22) 338.82.70
`For more detailed instructions, see the notes on the accompanying sheet.
`
`The applicant is hereby notified that no international search report will be established and that the declaration under
`Article 17(2)(a) to that effect and the written opinion of the International Searching Authority are transmitted herewith.
`
`With regard to the protest against payment of (an) additional fee(s) under Rule 40.2, the applicant is notified that:
`
`the protest together with the decision thereon has been transmitted to the International Bureau together with the
`applicant’s request to forward the texts of both the protest and the decision thereon to the designated Offices.
`, C] no decision has been made yet on the protest; the applicant will be notified as soon as a decision is made.
`4. Reminders
`
`Shortly after the expiration of 18 months from the priority date, the international application willtbe published by the
`International Bureau. If the applicant wishes to avoid or postpone publicatiOn, a notice of withdrawal of the international
`_ application, or of the priority claim, must reach the International Bureau as provided'in Rules 90bis.1 and 90bis.3, respectively,
`before the completion of the technical preparations for international publication.
`
`The applicant may submit comments on an informal basis on the written opinion of the International Searching Authority to the
`International Bureau. The International Bureau will send a-copy of such comments to all designated Offices unless an
`international preliminary examination report has been or is to be established. These comments would also be made available to
`the public but not before the expiration of 30 months from the priority date.
`
`See the Annex to Form PCT/IB/301 and, for details about the applicable time limits, Office by Office, see the PCTAppIicanf's
`Guide, Volume II, National Chapters and the WIPO Internet site.
`
`Authorized officer
`P . 1
`. K
`1 V1
`
`k _
`OS 1
`
`APPLE 1127
`APPLE 1 127
`
`» F
`
`Within 19 months from the priority date, but only in respect of some designated Offices, a demand for international preliminary
`examination must be filed if the applicant wishes to postpone the entry into the national phase until 30 months from the priority
`date (in some Offices even later); othenivise, the applicant must, within 20 months from the priority date, perform the prescribed
`acts for entry into the national phase before those designated Offices
`In respect of other designated Offices, the time limit of 30 months (or later) will apply even if no demand is filed within 19
`months.
`
`Name and mailing address of the International-Searching Authority
`European Patent Office, PB. 5818 Patentlaan 2
`.40).» Tel. (+31—70) 340—2040, Tx. 31 651 epo nI,
`NL—2280 HV Rijswijk
`
`_
`
`Fax: (+31—70) 340—3016
`
`orm PCT/ISA/220 (October 2005)
`
`-
`
`1 of 13
`1 Of 13
`
`(See notes on accompanying sheet) I
`
`

`

`
`
`NOTES TO FORM PCT/ISAIZZO
`
`These Notes are intended to: give the basic instructions concerningthe filing of amendments under article 19. The
`Notes are based on the requirements of the Patent Cooperation Treaty, the Regulations and the Administrative Instructions
`under that Treaty. In case of discrepancy between these Notes and those requirements, the latter are applicable. For more
`detailed information, see also the PCTApp/icant’s Guide,,a publication of WIPO.,
`
`In these Notes, ”Article", "Rule", and “Section" refer to the provisions of the PCT, the PCT Regulations and the PCT
`Administrative Instructions, respectively.
`.
`.
`
`INSTRUCTIONS» CONCERNING AMENDMENTS UNDER ARTICLE 19
`
`'
`'The applicant has, *after having received the international search report and thewritten opinion of the International
`-
`Searching Authority, one opportunity to amend the claims of the international application. It should however be emphasized
`that, since all parts of the international application (claims,description and drawings) may be amended during the
`international preliminary examination procedure, there is usually no need'to tile amendments of the claims under Article 19
`except where,,e.g. the applicant wants the latter to be published for the purposes of provisional protection or has another
`reason for amending the claims before international publication. Furthermore, it should be emphasized that provisional
`protection is available in some States only (see PCTApp/icanf’s Guide, Volume I/A, Annexes B1 and 82).
`
`The attention of the applicant is drawn to the fact that amendments to the claims under Article 19 are not allowed where
`the International Searching Authority has declared, under Article 17(2), that no international search report would be
`established (see PCTAppIicant’s Guide, Volume I/A, paragraph 296).
`'
`
`What parts of the international application may be amended?
`
`Under Article 19, only the claims may be amended.
`
`During the international phase, the claims may also be amended (or further amended) under Article 34 before the
`International Preliminary Examining Authority. The description and drawings may only be amended under
`Article 34 before the International Examining Authority.
`
`' Upon entry into the national phase, all parts of the international application may be amended under Article 28 or,
`where applicable, Article 41.
`
`Within 2 months from the date of transmittal of the international search report or 16 months from the priority date,
`whichever time limit expires later. It should be noted, however, that the amendments will be considered as having
`been received on time if they are received by the International Bureau after the expiration of the applicable time
`limit but before the completion of the technical preparations for international publication (Rule 46.1).
`
`Where not to file the amendments?
`
`The amendments may only be filed with the International Bureau and not with the receiving Office or the
`lntemational Searching Authority (Rule 46.2).
`
`Where a demand for international preliminary examination has beenfis filed, see below,
`
`Either by cancelling one or more entire claims, by adding one or more new claims or by amending the text of one
`or more of the claims as filed.
`
`A replacement sheet must be submitted for each sheet of the claims which, on account of an amendment or
`amendments, differs from the sheet originally filed.
`
`- All the claims appearing on a replacement sheet must be numbered in Arabic numerals. Where a claim is
`cancelled, no renumbering of the other claims is required. In all cases where claims are renumbered, they must be
`renumbered consecutively (Section 205(b)).
`
`The amendments must be made in the language in which the international application is to be published.
`
`What documents must/may accompany the amendments?
`
`Letter (Section 205(b)):
`
`The amendments must be submitted with a letter.
`
`The letter will not be published with the international application and the amended claims. It should not be
`confused with the "Statement under Article 19(1)" (see below, under "Statement under Article 19(1)").
`
`The letter must be in English or French, at the choice of the applicant. However, if the language of the
`international application is English, the letter must be in English; it the language of the international application
`is French, the letter must be in French.
`
`
`2 of 13
`2 Of 13
`
`Notes to Form PCT/ISA/220 (first sheet) (October 2005)
`
`

`

`V PATENT COOPERATION TREATY]
`
`‘
`
`,
`
`INTERNATIONAL SEARCH REPORT
`
`
`
`(PCT Article 18‘ and Rules 43 and 44)
`
`ApplIcants or agents fIle reference
`W053 ,7_ 7 01 0W0
`International application No.
`
`,
`
`see Form PQT/ISAl?20
`FOR FURTHER ,
`_ as well as, where applIcable, Item 5 below.
`. ACTION ,
`International filing date (day/monrh/year)
`(Earliest) Priority Date (day/month/year)
`
`PCT/US2007/070701
`Applicant
`
`WEISS , Kenneth P .
`
`- 08/06/2007
`
`09/06/2006
`
`This international search report has been prepared by this International Searching Authority and'Is transmitted to the applicant
`accordingto Article 18. A copy is being transmitted to the international Bureau.
`
`sheets.
`4 -
`This international search report consists of a total of
`It is also accompanied by a copy of each prior artdocument cited in this report.
`
`1 Basis of the report
`a With regard to the language, the international search was carried out On the basis of:
`the International application in the languageIn which it was filed
`, which is the language
`-
`D a translation of the international application into
`of a translation furnished for the purposes of international search (Rules 12.3(a) and 23.1 (b))
`
`This international search report has been established taking into account the rectification of an obvious mistake
`authorized by or notified to this Authority under Rule 91 (Rule 43.6bis(a)).
`
`With regard to any nucleotide and/or amino acid sequence disclosed in the international application, see Box No. l.
`
`Certain claims were found unsearchable (See Box No. ll)
`
`Unity of invention is lacking (see Box No Ill)
`
`4. With regard to the title,
`
`the text is approved as submitted by the applicant
`
`1:]
`
`the text has been established by this Authority to read as follows:
`
`
`
`V
`5. With regard to the abstract,
`the text is approved as submitted by the applicant
`
`E]
`
`'
`
`the text has been established, according to Rule 38.2(b), by this Authority as it appears-in Box No. IV. The applicant
`may, within one month from the date of mailing of this international search report, submit comments to this Authority
`
`6. With regard to the drawings,
`
`a.
`
`the figure of the drawings to be published with the abstract is Figure No. 21
`
`'
`I as suggested by the applicant
`D as selected by this Authority, because the applicant failed to suggest a figure
`D as selected by this Authority, because this figure better characterizes the invention
`b. D none of the figures is to be published with the abstract
`
`Form PCT/lSA/210 (first sheet) (April 2007)
`
`3 of 13
`
`30f13
`
`

`

`IN I tHNA I IUNAL StAHUI‘I HtPUHl
`,
`
`’
`
`A. CLASSIFICATION 0 SUBJECT MATTER
`INV.
`7G06F21 00
`
`international application No
`
`PCT/032007/070701
`
`According to international Patent Classification (IPC) or to both national Classification and PC
`B. HELDSSEARCHED
`,
`
`Minimum documentation searched (classification system followed by classification symbols)_
`GOGF
`0070
`
`Documentation searched other than minimum documentation to the extent that such documents are included in the fields searched
`
`Electronic data base consulted during the international search (nameof data base'and, where practical, search terms used)
`
`.
`
`EPO-Internal
`
`
`
`C. DOCUMENTS CONSIDERED TO BE RELEVANT
`
`Category
`
`Citation of document, with indication, where appropriate, of the relevant passages
`
`Relevant to claim No.
`
`US 2004/034771 A1 (EDGETT JEFF STEVEN [US]
`ET AL) 19-February 2004 (2004-02-19)
`’figure 3
`paragraph [0048] — paragraph [0050]
`
`US 2001/044900 A1 (UCHIDA KAORU [JP])
`22 November 2001 (2001—11—22)
`paragraph [0039]; figure 4
`
`.
`
`US 2005/039027 A1 (SHAPIRO MICHAEL F [US])
`17 February 2005 (2005——02— 17)
`abstract
`
`figure 2
`paragraph [0015] — paragraph [0017]
`paragraph [0021] — paragraph [0022]
`paragraph [0024]
`
`__/..._
`
`2—10,41,
`42,67-75
`
`41—44
`
`Further documents are listed in the continuation of Box C,
`
`See patent family annex.
`
`‘ Special categories of cited documents :
`
`'A' document defining the general state of the art which is not
`considered to be of particular relevance
`
`'E' earlier document but published on or afterthe international
`““"g date
`'L' document which may throw doubts on priority claim(s) or
`which is cited to establish the publication date of another
`citation or other special reason (as specified)
`'0' document referring to an oral disclosure, use, exhibition or
`other means
`'P' document published prior to the international filing date but
`laterthan the priority date claimed
`Date of the actual completion of the international search
`
`'T'
`
`,
`_
`,
`,
`_
`'
`later document publIshed after the International filing date
`or priority date and not in conflict with the application but
`cited to understand the principle or theory underlying the
`invention
`
`'X' document of particular relevance" the claimed invention
`cannot be considered novel or cannot be considered to
`involve an inventive step when the document is taken alone
`'Y' document of particular relevance the claimed invention
`cannot be considered to involve an inventive step when the
`documentIS combined with one or more other such docu—
`ments, such combination being obvious to a person skilled
`'” the art
`'&' document member of the same patent family
`Date of mailing of the international search report
`
`26 February 2008
`
`Name and mailing address of the ISA/
`European Patent Office, PB. 5818 Paientlaan 2
`NL — 2280 HV Rijswijk
`Tel. (+31—70) 340—2040, Tx. 31 651 epo nl,
`Fax: (+31—70) 340—3016
`
`'
`
`11/03/2008
`
`Authorized officer
`
`ChabOt ,
`
`PGdY‘O
`
`‘ Form PCT/lSA/210 (second sheet) (April 2005)
`
`4 of 13
`4 Of 1 3
`
`

`

`"
`
`-
`
`'
`
`IN I tHNA-IJUNAL'DEHHUH: HEI‘UHI
`-
`‘
`
`-
`7
`lntematlonal appllcatlon No
`
`PCT/USZOO7/070701
`
`C(Contlnyation). ‘ DOCUMENTS CONSIDERED IQ IBEVFIELEVANT.
`
`.
`
`' Relevant to claim No.
`
`_
`
`. Citation of docurrient, with indication, where appropriate, of the relevant passages
`
`EP» 0 986 209 A (MITSUBISHI ELECTRIC CORP
`[JP])_ 15 March 2000 (2000-03-15)
`’
`
`paragraph [0012] — paragraph.[0013]
`
`Form PCT/ISAI210 (continuation of second sheet) (April 2005)
`-
`
`5 of 13
`5
`
`0f13
`
`

`

`MitflNAHUNALStAHUHHhPUHL‘
`lnformatioh on patent family members
`
`‘
`
`T_
`
`
`
`_
`
`international application No
`
`_
`
`PCT/U82007/070701
`
`'
`
`
`
`1
`
`
`
`
`
`
`
`
`
`US 2004034771
`A1
`19-02*2004
`NONE
`
`
`
`
`
`_EP 0986209
`A
`15-03-2000
`AU
`718480 32
`»
`~13—04-2000
`
`AU
`3912199 A
`16-03-2000
`-CN
`1248114 A
`22-03—2000
`
`
`
`-
`'
`
`Patent document
`cited in search report
`
`Publication
`date
`
`I
`
`‘
`
`Patent family
`member(s)
`
`Publication
`date
`
`.
`
`DE
`HK
`_ JP
`
`69929267 T2
`1026542 A1‘
`2000092046 A
`6751733 B1
`
`31—08—2006
`05f08—2005
`31-03—2000
`15-06-2004
`
`
`Form PCT/ISA/21O (patent family annex) (April 2005)
`
`6 of 13
`
`6 0f13
`
`

`

`I PATENT COOPERATION TREATY
`
`.
`
`'
`,.
`'
`I
`Prdmthe
`
`' INTERNATIONAL SEARCHING AUTHORITY
`
`To:
`
`see fOrm PCTA-SA/QZO
`
`WRITTEN OPINION OF'THE
`I INTERNATIONAL SEARCHING AUTHORITY .
`
`(PCT Rule 43bis._1)
`
`
`
`
`_
`I Date of mailing
`see form PCT/[SA/210 (second sheet)
`(day/tnonth4/ear)
`
`
`Applicant's or agent's file reference
`see form PCT/ISA/220
`
`FOR FURTHER ACTION
`See paragraph 2 below
`
`
`
`.
`
`Priority date (dayflnonth/year)
`International application No.
`International filing date (day/fnohth/year)
`'
`
`08.06 .2007 09.06.2006
`PCT/US2007/070701
`
`l
`
`International PatentClassification(IPC)orbothnationalclassificationand IPC
`
`lNV.- G06F21/00
`
`
`Applicant
`
`'
`WEISS, Kenneth P.
`
`
`1.-
`
`This opinion contains indications relating to the following items:
`
`IZI Box No. I
`
`I
`
`Basis of the opinion
`
`Priority
`_
`El Box No. II
`Non-establishment of opinion with regard to novelty, inventive step and industrial applicability
`III Box No. Ill
`Lackof unity of invention _
`I
`Il:l 'Box No. lV
`IZI Box No. V I Reasoned statement under Rule 43bis.1(a)(i) with regard to novelty, inventive step or industrial
`applicability; citations and explanations supporting such statement
`Certain documents cited
`I
`I
`I
`
`El Box No. VI
`
`[I Box No. VII Certain defects in the international application
`
`l3 Box No. VIII Certain observations on the international application
`
`2.
`
`FURTHER ACTION
`
`If a demand for international preliminary examination is made, this opinion will usually be considered to be a
`written opinion of the International Preliminary Examining Authority ("IPEA") except that this does not apply where
`the applicant chooses an Authority other than this one to be the IPEA and the chosen IPEA has notifed the
`International Bureau under Rule 66.1bis(b) that written opinions of this International Searching Authority
`will not be so considered.
`
`'
`
`If this opinion is, as provided above, considered to be a written opinion of the IPEA, the applicant is invited to
`smeit to the IPEA a written reply together, where appropriate, with amendments, before the expiration of 3 months
`from the date of mailing of Form PCT/ISA/220 or before the expiration of 22 months from the priority date,
`whichever expires later.
`
`For further options, see Form PCT/ISA/220.
`
`3.
`
`For further details, see notes to Form PCT/ISA/220.
`
`_
`
`
`
`Name and mailing address of the ISA:
`___._._
`
`3))
`
`D-80298 Munich
`European Patent Office
`
`
`
`Form (PCT/ISA/237) (Cover Sheet) (April 2005)
`
`7 of 13
`
`7 of I 3
`
`
`
`
`
`Authorized Officer
`Date of completion of
`this opinion
`153962;;A210
`f m
`
`Chabot, Pedro
`
`fe“"“”'fa,,r
`2; 0 g
`:
`7’2;
`
`_ Tel. +49 89 2399 - 0 Tx: 523656 epmu d
`3,0.
`‘5‘
`Fax: +49 89 2399 — 4465
`Telephone No. +49 89 2399-6085
`'rva.,,..,._,w-‘°
`
`
`

`

`'
`. International applicationvNo.
`.' .NWRITTEN OPINIONOFTHE
`
`.INTERNATIONAL SEARCHING AUTHORITY PCT/U82007/070701 . .
`
`
`
`
`
`
`
`
`Box No. I Basis of the opinion -
`1 With regard to the language, this opinion has been established on the basis of;
`E ’
`theinternation'al application in the language in which It was filed
`3
`
`El
`
`a translation of the international application into, which is the language of a translation furnished for the
`purposes of international search (Rules 12.3(a) and 23.1 (b)).
`.
`,
`
`2. El This opinion has been established taking into account the rectification of an obvious mistake authorized
`by or notified to this Authority under Rule 91 (Rule 43bis.1(a))
`
`3. With regard-to any nucleotide and/or amino acid sequence disclosed in the international application and
`‘
`necessary to the'claimed invention, this opinion has been established on the basis of:
`
`I a. type of material:
`
`.
`
`III
`
`a sequence listing
`
`table-(s) related to the sequence listing
`El
`b. format of material: A
`
`El
`
`CI
`
`on paper
`
`in electronic ”form
`
`0. time of filing/furnishing:
`
`El
`CI -
`
`contained-in the international application as filed.
`filed together With the international application in electronic form.
`
`El
`
`furnished subsequently to this Authority for the purposes of search.
`
`4. E!
`
`in addition, in the case that more than one version or copy of a sequence IiSting and/or table relating thereto
`has been filed or furnished, the required statements that the information in the subsequent or additional
`copies- is identical to thatIn the application as filed or does not go beyond the application as filed as
`appropriate, were furnished.
`
`5. Additional comments:
`
`:Arm ’Df‘TAQA/OQ7 lAnriI ann7\
`
`8 of 13
`
`80f13
`
`

`

`'
`'
`WRITTEN OPINION OF THE
`INTERNATIONAL SEARCHING AUTHORITY
`
`'
`
`-
`
`.
`
`'
`
`>
`
`international applicationN'o.
`'PCT/U32007/C70701
`
`Box No. V Reasoned statement under Rule 43bis.1(a)(i) With regard to novelty; inventive step or V
`industrial applicability; citations and explanations supporting such statement
`
`,
`
`I 1,. Statement
`
`Noveltle)
`
`_
`
`Yes: Claims
`No: Claims
`
`11—26,33-37,45—66
`I1-10,27—32,38—44,67-75
`
`Inventive step (IS)
`
`Yes: Claims
`No: Claims
`
`Industrial applicability (IA)
`‘
`
`'
`
`Yes: Claims
`No:
`Claims
`
`1-75
`
`1-75.
`
`2. Citations and explanations
`
`see separate sheet
`
`Fnrm DCT/lQA/QQ7 {Anril 9nn7l
`
`9 of 13
`9of13
`
`

`

`~ WRITTEN OPINION OF THE.
`INTERNATIONAL SEARCHING
`' AUTHORITY (SEPARATE SHEET)
`
`A
`
`‘
`
`g
`
`,
`
`-.
`
`International application No.
`-
`.
`PCT/US2007/O70701
`
`Re Item V.
`
`1
`
`'
`
`. Reference is made to the following documents:
`-
`'
`'
`D1 .: us 2004/034771 A1 (EDGETT JEFF STEVEN [US] ET AL) 19 February 2004
`(200402- 19)
`
`D2 : EP 0 986 209 A (MITSUBISHI ELECTRIC CORP [JP]) 15 March 2000 (2000-
`03- 15)
`.
`,
`D3: US 2001/044900 A1 (UCHIDA KAORU [JP]) 22 November 2001 (2001—11-2-2)
`D4. US 2005/039027 A1 (SHAPIRO MICHAEL F [US]) 17 February 2005 (2005--02—
`
`17) .
`
`2
`
`The present application does not meet the criteria of Article 33(1) PCT, because the
`subject—matter of claim 1
`is not new in the sense of Article 33(2) PCT.
`Document D1 discloses (the references in parentheses applying to this document):
`
`a) A method of authenticating an identity of a first entity (Par. 48-50).
`b) Wirelessly transmitting from a first device, first encrypted authentication
`information ofthe first entity (par. 49 lines 3-8, It is considered that the‘network
`includes wireless means that are being used in the transmission).
`'
`c) Receiving with a second device the wireleSsly transmitted first encrypted
`
`’
`authentication information (par. 49 line 8).
`d) Decrypting. with the second device, the first-Wirelessly encrypted authentication
`information to provide the first authentication information of the first entity to the
`second device (par. 49 lines 20-24).
`e) Authenticating the identity of the first entity based upon the first authentication
`information and acting based on the authenticated identity of the first entity (par. 50).
`
`3
`
`The present application does not meet the criteria of Article 33(1) PCT, because the
`
`subject—matter of claim 41 is not new in the sense of Article 33(2) PCT.
`
`Document D4 discloses (the references in parentheses applying'to this document):
`
`Form PCT/ISA/237 (Separate Sheet) (Sheet 1) (EPO—April 2005)
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`WRITTEN OPINION OFTHE
`INTERNATIONAL SEARCHING
`AUTHORITY (SEPARATE SHEET)
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`. ~ ‘International--a’pplibat'ion No.
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`‘_ PCT/U82007/070701 .
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`1
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`a) A system for validating an identity of a first entity comprisinga first wireless device
`' comprising (par. 5).
`b) A first wireless transmitter and receiver Configured to transmit a firstwireless signal
`including first encrypted authentication information (par. 5 l.3'3-36).v
`‘
`' C) A first processor configUred to Compare stored biometric data with detected
`:biometric data of the first entity and configured to enable or disable use of the first
`device based on a result of the comparison, and cenfigured to encrypt first
`I
`authentication information with a first private key into the first encrypted
`authentication information (par. 5 l. 19-21 par. 15 l. 34-36, par. 16 I. 7- 10 and par. 17).
`d) A first biometric detector for detecting biometric data of the first entity (par. 5 l.21-
`25).
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`e) A first memory for storing biometric data of the first entity, a private key of the first
`entity authorized to use the first device, and the first authentication information (par. 5
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`l.19-21).
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`.4
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`The present application does not meet the criteria of Article 33(1) PCT, because the
`subject-matter of claim 67 is not new in the sense of Article 33(2) PCT.
`Document D3 discloses. (the references in parentheses applying to this document):
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`a) A first wireless device (par. 30 and par. 54).
`b)‘A processor configured to enable operation of the first wireless device if it receives
`an enablement signal validating first biometric information of a first entity and
`configured to generate a non-predictable signal from the biometric information (par. I
`36 The processor generates a non—predictable signal from the biometric data when it
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`encrypts the data.)
`c) A first wireless transmitter and receiver configured to transmit a first wireless signal
`including first encrypted bidmetric information of the first entity and to receive the)
`enablement signal (par. 30, 36 and 39 The enablement signal comes from the
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`authentication server via the ECSP unit in the form of a service)
`d) A first biometric detector for detecting the first biometric information of the first
`entity (par. 36).
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`5
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`Dependent claims 2-40, 42-66, 68-75 do not contain any features which, in
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`Form PCT/lSA/237 (Separate Sheet) (Sheet 2) (EPO—April 2005)
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`WRITTEN-OPINION OF THE
`INTERNATIONAL SEARCHING
`AUTHORITY (SEPARATE SHEET!’
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`5'lnternational application No.
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`PCT/U82007/O70701
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`combination with the features 'of any claim to which they refer, meet the requirements
`of the PCT in respect of novelty and/or inventive step (Article 33(2) and (3) PCT). _
`
`The‘dependent claims contain features that are part of the cbmmon general
`» knowledge like encryption methods, biometric data capture devices and methods for
`securing communications. This’features represent mere implementation details that
`are well-known to the person skilled in the art, and will not justify an inventive activity.
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`It is worth to say thatthe application merely contains a juxtapdsition of different I
`techniques used in authentication and cryptography functioning in their normal way
`and not producing any non-obvious working inter-relationship that justifies an
`inventive activity.
`*
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`Form PCT/ISA/237 (Separate Sheet) (Sheet 3) (EPO—April 2005)
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`vyPossibie steps after receipt of the international Search report (ISR) and
`written opinion of the International Searching Authority,(WO-ISA)
`
`
`General
`information
`
`For all international applications filed on or after 01/01/2004 the competent
`ISA will establish an ISR It
`is accompanied by the WO-ISA Unlike the
`former written opinion of the lPEA (Rule 66.2 PCT), the WO-ISA is not
`meant to be responded to,‘but to be taken into consideration for further
`procedural steps. Thisdocument explains about the possibilities.
`
`
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`Amending claims Within '2 months after the date of mailing of the ISR-and the WO-ISA the
`under
`applicant may file amended claims under Art. 19 PCT directly with the
`Art. 19 PCT
`International Bureau of WI P0. The PCT reform of 2004 did not change
`this procedure. For further information please see Rule 46 PCT as well as
`form PCT/ISA/220 and the corresponding Notesto form PCT/ISN220.
`
`
`Filing a demand
`.for international
`preliminary
`examination
`
`In principle, the WO-ISA will be considered as the written opinion of the
`lPEA. This should, in many cases, make it unnecessary to file a demand for
`international preliminary examination; If the applicant neVertheless wishes
`to file a demand this must be done before expiry of 3 months after the
`date of mailing of the ISR/WO—ISA or 22 months after priority
`date, whichever expires later (Rule 54bis PCT). Amendments under Art.
`34 PCT can be filed with the I'PEA as before, normally at the same time as
`filing the demand (Rule 66.1 (b) PCT).
`'
`
`is filed and no
`international preliminary examination,
`If a demand for
`comments/amendments have been received the WO—ISA will be transformed
`
`by the lPEA into an lPRP (International Preliminary Report on Patentability)
`whiCh would merely reflect the content of the WO-ISA. The demand can still
`be withdrawn (Art. 37 PCT).
`
`
`Filing informal
`comments
`
`After receipt of the ISR/WOISA the applicant may file informal comments
`on the WO-ISA directly with the International Bureau of WI PO. These
`will be communicated to the designated Offices together with the lPRP
`(International Preliminary Report on Patentability) at 30 months frOm the
`priority date. Please also refer to the next box.
`
`
`End of the
`international
`phase
`
`' At the end of the international phase the International Bureau of WIPO will
`transform the WO—ISA or, if a demand was filed, the written opinion of the
`lPEA into the lPRP, which will then be transmitted together with possible
`informal comments to the designated Offices. The lPRP replaces the former
`IPER (international preliminary examination report).
`
`
`Relevant PCT
`Rules and more
`information
`
`Rule 43 PCT, Rule 43bis PCT, Rule 44 PCT, Rule 44bis PCT, PCT Newsletter
`12/2003, OJ 11/2003, OJ 12/2003
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